Hyndman v. Small Business Administration (7:22-cv-04973)

REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Dante Hyndman. (sac) (Entered: 06/14/2022)

Case Designated ECF. (sac)

MAILING RECEIPT: Document No: 3. Mailed to: Dante Hyndman 738 Pelhamdale Avenue New Rochelle, NY 10801. (kh)

NOTICE OF CASE REASSIGNMENT to Judge Philip M. Halpern. Judge Unassigned is no longer assigned to the case. (laq)

SUMMONS ISSUED as to Isabel Guzman, Small Business Administration, The United States of America, Janet Yellen. (aan) (Entered: 07/21/2022)

INFORMATION PACKAGE MAILED to Dante Hyndman 738 Pelhamdale Avenue New Rochelle, NY 10801, at, on 7/21/2022 Re: 5 Order of Service. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, Order granting IFP application, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (aan) (Entered: 07/21/2022)

PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Dante Hyndman consents to receive electronic service via the ECF system. Document filed by Dante Hyndman.(sc) (Entered: 09/16/2022)

MEMO ENDORSEMENT granting in part and denying in part 9 Motion re: 9 MOTION FOR ISSUANCE OF SUMMONS BY U.S. MARSHAL'S OFFICE. ENDORSEMENT Motion denied to the extent Plaintiff requests service of the summons and complaint on non-parties the United States Attorney General and United States Attorney for the Southern District of New York, as Plaintiff has not named them as defendants in this action and has not provided the Court any reason they should be joined in the action or that summonses should otherwise issue to them. The Court construes Plaintiff's letter as a request to extend the time for the United States Marshals to effectuate service on defendants the United States Small Business Administration; Isabel Guzman, the Administrator of the SBA; Janet Yellen, the Secretary of the Treasury; and the United States of America via the United States Attorney for the Southern District of New York pursuant to the Court's Order of Service (Doc. 5), and grants same. The time to effectuate service on the named defendants is extended, nunc pro tunc, for 90 days from the date of this order. Plaintiff is reminded that it is his responsibility to request an extension of time for service if the complaint is not served within 90 days of the date of this order. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012). The Clerk of Court is respectfully requested to terminate the motion (Doc. 9) and to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Philip M. Halpern on 10/24/2022) (jca) (Entered: 10/24/2022)

NOTICE OF APPEARANCE by Joseph Anthony Pantoja on behalf of The United States of America..(Pantoja, Joseph) (Entered: 11/03/2022)

ARSHALS PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Isabel Guzman served on 10/31/2022, answer due 12/30/2022. Service was accepted by Valerie Mills, Exec. Ops. Officer. Document filed by Dante Hyndman. (sc) (Entered: 12/08/2022)

MARSHALS PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Small Business Administration, served on 10/31/2022, answer due 12/30/2022. Service was accepted by Valerie Mills, Exec. Ops. Officer. Document filed by Dante Hyndman. (sc) (Entered: 12/08/2022)

NOTICE OF APPEARANCE by Joseph Anthony Pantoja on behalf of Isabel Guzman, Small Business Administration, The United States of America, Janet Yellen..(Pantoja, Joseph) (Entered: 12/19/2022)

LETTER addressed to Judge Philip M. Halpern from AUSA Joseph A. Pantoja dated December 21, 2022 re: ECF No. 19 - follow up advising Plaintiff has consented to ECF No. 19. Document filed by Isabel Guzman, Small Business Administration, The United States of America, Janet Yellen. (Attachments: # 1 Affidavit certificate of service on plaintiff).(Pantoja, Joseph) (Entered: 12/21/2022)

Mailed a copy of 21 Order on Motion for Extension of Time to Answer, to Dante Hyndman at 738 Pelhamdale Avenue New Rochelle, NY 10801. (dsh)

SECOND LETTER MOTION for Extension of Time to File Answer addressed to Judge Philip M. Halpern from AUSA Joseph A. Pantoja dated January 24, 2023. Document filed by Isabel Guzman, Small Business Administration, The United States of America, Janet Yellen..(Pantoja, Joseph) (Entered: 01/24/2023)

LETTER addressed to Judge Philip M. Halpern from AUSA Joseph A. Pantoja dated February 1, 2023 re: pre-motion letter pursuant to Judge Halpern's Individual Practices, paras. 2.C. and 4.C. Document filed by Isabel Guzman, Small Business Administration, The United States of America, Janet Yellen..(Pantoja, Joseph) (Entered: 02/01/2023)

ENDORSED LETTER addressed to Judge Philip M. Halpern from Dante Hyndman dated Undated re: Plaintiff respectfully request an extension of 10 days to reply to Defendants, Pre-Motion Letter. Counsel for the Defendants has been notified of this extension request and has agreed with the requested extension. ENDORSEMENT: Application granted. Plaintiff's response shall be filed by March 3, 2023. Plaintiff is reminded that pro se filings shall not be mailed or emailed to Chambers; he is therefore referred to the S.D.N.Y. webpage for pro se litigants (www.nysd.uscourts.gov/prose) for instructions for filing documents, as well general information for individuals representing themselves pro se. SO ORDERED. (Signed by Judge Philip M. Halpern on 2/21/2023) (jca) (Entered: 02/21/2023)

MEMO ENDORSEMENT on re: 24 Letter, filed by The United States of America, Janet Yellen, Isabel Guzman, Small Business Administration. ENDORSEMENT The Court waives any pre-motion conference requirement, grants Defendants leave to file a motion to dismiss, and sets the following briefing schedule: Defendants' motion to dismiss shall be served and filed by April 7, 2023; Plaintiff's opposition shall be served and filed by May 8, 2023; and Defendants' reply, if any, shall be served and filed by May 26, 2023. SO ORDERED. (Motions due by 4/7/2023., Replies due by 5/26/2023., Responses due by 5/8/2023) (Signed by Judge Philip M. Halpern on 3/7/2023) (jca) (Entered: 03/07/2023)

MEMORANDUM OF LAW in Support re: 29 MOTION to Dismiss for Lack of Jurisdiction and failure to state a claim. . Document filed by Isabel Guzman, Small Business Administration, The United States of America, Janet Yellen. (Attachments: # 1 Affidavit certificate of service on plaintiff).(Pantoja, Joseph) (Entered: 04/07/2023)

LETTER addressed to Judge Philip M. Halpern from D. Hyndman, dated 5/8/23 re: Plaintiff respectfully writes for an extension of time to file the reply to Defendants' Motion to Dismiss. Due to family emergencies, Plaintiff has not had time to fully prepare the reply. Therefore, plaintiff asks the Court to enlarge the time to reply to 5/15/23 or thereafter. Document filed by Dante Hyndman.(sc) (Entered: 05/08/2023)

PLAINTIFF'S RESPONSE IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS,re: 31 MOTION to Dismiss for Lack of Jurisdiction and failure to state a claim.. Document filed by Dante Hyndman. (sc) (Entered: 05/16/2023)

OPINION AND ORDER re: 31 MOTION to Dismiss for Lack of Jurisdiction and failure to state a claim. filed by The United States of America, Janet Yellen, Isabel Guzman, Small Business Administration, 29 MOTION to Dismiss for Lack of Jurisdiction and failure to state a claim. filed by The United States of America, Janet Yellen, Isabel Guzman, Small Business Administration. Accordingly, the Complaint fails to state a claim upon which relief can be granted. Ba sed upon the foregoing, Defendants' motion to dismiss is GRANTED and Plaintiff'sComplaint is dismissed with prejudice. While [d]istrict courts should frequently provide leave to amend before dismissing a pro se complaint...leave to amend is not necessary when it would be futile." Reed v. Friedman Mgt. Corp., 541 F. App'x 40, 41 (2d Cir. 2013) (citing Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000)). For all the reasons described herein, Plaintiff's claims are dismiss ed with prejudice as any amendment would be futile. The Clerk of the Court is respectfully directed to terminate the pending motions (Doc. 29, Doc. 31) and to close this case. SO ORDERED. (Signed by Judge Philip M. Halpern on 1/22/2024) (jca) Transmission to Orders and Judgments Clerk for processing.